Radioflyer.com Terms of Service

Radio Flyer, Inc. (“Radio Flyer” or “we”) owns and operates this Website. Your use of this Website (including any purchase you make on this Website) is governed by and subject to the following terms, conditions and notices (collectively, these "Terms of Service"). Please read these Terms of Service carefully. BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. Radio Flyer may make changes and updates to these Terms of Service from time to time, and please check back often for changes and updates.

IMPORTANT NOTICE: These Terms of Service contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see the “Disclaimer of Warranties”, “Limitation of Liability” and “Arbitration Agreement” sections below for more information.

Children and Minors

This Website is not intended for or directed to anyone under the age of 13. By using this Website, you warrant that you are at least 18 years of age or, if you are between the age of 13 and 17, you access this Website with parental supervision and consent. You must be at least 18 years of age to create an account, to make a purchase, or to submit User Content (as defined below) on this Website.

Electronic Communications

When you use this Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, by posting notices on this Website, or through your account on this Website. You acknowledge and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy Policy

By using this Website, you also accept and agree to be bound by the Radio Flyer Privacy Policy , which describes our data collection, use, sharing, and security practices associated with this Website. The Radio Flyer Privacy Policy constitutes an integral part of these Terms of Service and is incorporated herein by reference. All references hereinafter to these Terms of Service shall be deemed to include the Radio Flyer Privacy Policy .

Terms of Sale

If you make a purchase for a Radio Flyer product on this Website, your also accept and agree to be bound by the Radio Flyer Terms of Sale , which will apply to and govern your purchase and related matters (including return/refund, warranty matters, etc.). The Radio Flyer Terms of Sale constitutes an integral part of these Terms of Service and is incorporated herein by reference. All references hereinafter to these Terms of Service shall be deemed to include the Radio Flyer Terms of Sale .

Accounts and Passwords

By creating an account on this Website, you represent and warrant that all registration information you submit to us is your own information and is truthful and accurate. It is your responsibility to notify us of any changes in your account information, including your contact information. As an account holder, you are responsible for safeguarding your account access information and are responsible for all use of your username and/or password and must keep these details secure. If you allow others to use your account, you are responsible for all their activities on your account.

Reservation of Rights

We reserve the right at any time, in our sole discretion, with or without notice, and without liability to you or other users, to: (i) modify, suspend, remove or terminate this Website or any portion thereof; (ii) restrict, limit, suspend or terminate any user’s access to this Website or any portion thereof; (iii) monitor any user’s activities on this Website to verify and ensure that user’s compliance with these Terms of Service and any applicable law; and (iv) investigate any suspected or alleged violation of these Terms of Service or any applicable law and cooperate with authorities in such investigation.

Prohibitions

We do not permit or tolerate any illegal, abusive, harmful or improper use of this Website. Without limiting the generality of the foregoing, you shall not:

use this Website other than for your own personal/household, lawful and non-commercial use only;

submit, upload, post or transmit any photo or video identifying another individual without proper consent;

commit or encourage a criminal offense;

impersonate another, or falsify account information, or make unauthorized use of another’s information;

interfere in any way with the operation of this Website or any server, network or system associated with this Website, including, without limitation: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the performance or vulnerability of this Website or any server, network or system associated with this Website; breaching or circumventing firewall, encryption, security or authentication routines; accessing, using or retrieving data not intended for you, or accessing another user’s account without permission; or corrupting or attempting to corrupt data stored on this Website or any server, network or system associated with this Website;

use, transmit or distribute viruses, bots, worms, or any other harmful computer code, files or programs to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or to gain unauthorized use of or access to a computer or a computer network;

use any automated program, tool or process (including, without limitation, web crawlers, robots, bots, spiders, and automated scripts) to access this Website or any server, network or system associated with this Website, or to extract, collect, harvest or gather content or information from this Website;

frame or otherwise create a browser or border environment around any portion of this Website or any Radio Flyer Content, or deep-link to any internal page of this Website or any Radio Flyer Content;

use the Radio Flyer mark or logo or any other mark, logo or source identifier of Radio Flyer (whether registered or unregistered) in any unauthorized manner, including as meta tags or ad keywords;

harass or cause annoyance to other users;

infringe upon any intellectual property or other proprietary right of any person or entity;

send or cause others to send (directly or indirectly) “spam” or other unsolicited messages or communications of any kind;

engage in “trolling,” such as posting material, information, message or communication that is off-topic, absurd, or meaningless, with the intent of causing disruption or provoking reaction from others, or disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users are able to type, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges.

Violating any of these prohibitions may subject the violator to civil as well as criminal liabilities, and we reserve the right to report any such violation and disclose the violator’s identity to the appropriate law enforcement authorities.

All Radio Flyer Content belongs to Radio Flyer and/or its licensors and is protected by U.S. and foreign copyright, trademark and other intellectual property laws. Radio Flyer hereby grants you a limited, revocable, non-sublicensable, non-transferable license to use this Website and Radio Flyer Content solely for your own personal/household, lawful and non-commercial use strictly in accordance with these Terms of Use and applicable laws. Any unauthorized use of Radio Flyer Content may result in civil and/or criminal penalties. We reserve all other rights not expressly granted herein.

Use of Software

If you acquire or download any software (including any mobile app) made available by Radio Flyer or any of its licensors or business partners on this Site (“Software”), you acknowledge that your use of the Software is also subject to the terms and conditions of the applicable end user license agreement that accompanies the Software or, if there is no such end user license agreement, the following additional terms and conditions:

(i)

The Software is for your own internal business or personal use only.

(ii)

All right, title and interest in and to the Software, including, without limitation, all copyrights and other intellectual property rights, will remain with Radio Flyer and/or the provider or licensor of the Software.

You may not bypass, disable, deactivate or render ineffective any protection or security scheme or program contained in the Software.

(v)

You may not remove, erase, modify or tamper with any copyright, trademark or other proprietary rights notice that is printed or stamped on, affixed to, or encoded or recorded in the Software.

(vi)

All Software provided on this Site is subject to United States export control laws and regulations. No Software may be downloaded from this Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Sudan, Libya, North Korea, Iran, Syria, or any other Country to which the United States has embargoed goods, or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading, installing or using any Software obtained from this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You may not download, install, use, export or re-export the Software or any underlying information or technology except in full compliance with United States export control laws and regulations.

(vii)

You acknowledge that, unless expressly otherwise stated, Radio Flyer provides no assistance, including any technical or customer support, in the use of the Software and your use of the Software is at your own risk.

Unless expressly otherwise agreed between you and Radio Flyer, you own any User Content provided by you, and Radio Flyer does not claim ownership rights in your User Content. However, by submitting User Content to this Website (whether your submission is solicited or unsolicited), you acknowledge and agree to all of the following:

(i)

To submit User Content to this Website, you must be at least 18 years of age.

(ii)

By submitting User Content to this Website, you represent and warrant that: (1) your submission is voluntary and consensual and is made without any condition or reservation of rights, including, without limitation, any condition of payment, secrecy or confidentiality; (2) your submission does not contain any confidential information and may be seen by others; and (3) your submitted User Content contains no material that infringes upon any third-party right or violates any applicable law.

(iii)

Unless expressly otherwise agreed between you and Radio Flyer, by submitting User Content to this Website you grant to Radio Flyer and its successors and assigns a non-exclusive, irrevocable, worldwide, perpetual, fully paid up and royalty-free, freely sublicensable, freely assignable and transferable, unlimited and unrestricted license to use, copy, reproduce, store, archive, modify, excerpt, adapt, translate, create derivative works and compilations based upon, publicly perform, publicly display, exhibit, broadcast, stream, publish, distribute, and otherwise exploit your submitted User Content, including your name, voice, likeness, performance, life stories, and biographical information contained in such User Content, as well as any and all ideas, concepts, facts, information, stories, know-how, and techniques embodied in your submitted User Content, in any and all formats and media now known or hereafter devised (including, without limitation, television, radio, theatrical, Internet, mobile, digital, electronic, and print media) and for any and all commercial and non-commercial purposes of Radio Flyer and its successors and assigns (including, without limitation, product development, marketing, advertising, promotion, sale, distribution, social media campaigns, merchandising, publishing, education, and charity), without any compensation, attribution, notice, or other obligation to you. The aforementioned license will continue and remain in full force and effect even if you subsequently terminate or cancel your account on this Website or delete the submitted User Content from your account.

(iv)

By submitting User Content to this Website, you further acknowledge and agree that, to the extent your submission includes any idea, concept, suggestion, design, drawing, image or artwork for a prospective product name, mark, logo, slogan, tagline, domain name, or other source identifier, Radio Flyer and its successors and assigns will be free (with no obligation) to adopt, use, license, and register such name, mark, logo, slogan, tagline, domain name, or other source identifier (including any variation thereof) for and in connection with their businesses throughout the world in perpetuity, and will have sole ownership of all statutory and common law trademark rights and all associated goodwill resulting from such adoption, use, licensing and registration.

(v)

By submitting User Content to this Website, you waive the right to assert against Radio Flyer and its successors and assigns, and you release and forever discharge Radio Flyer and its successors and assigns from, any and all claims and damages based upon or relating to your submitted User Content, including, without limitation, claims and damages for copyright infringement, trademark infringement, invasion of privacy, violation of the right of publicity, defamation, libel, false light, unfair competition, unjust enrichment, idea theft, idea misappropriation, breach of implied contract, breach of fiduciary duty, and/or breach of confidence or trust.

(vi)

Your submission is subject to such additional rules and guidelines as may be prescribed by Radio Flyer and its successors and assigns.

Right to Remove User Content; No Obligation to Monitor

Radio Flyer reserves the right at any time, but with no obligation, to remove, take down, block, disable or deny access to any User Content that, in our sole judgment, violates these Terms of Service any applicable law, or may expose or subject IDEAL to liability of any kind, or may adversely affect the reputation or goodwill of Radio Flyer. Radio Flyer assumes no responsibility for monitoring this Website for inappropriate User Content or conduct. If at any time Radio Flyer elects to monitor this Website, IDEAL nonetheless assumes no responsibility for User Content, assumes no obligation to modify or remove any inappropriate User Content, and assume no responsibility for the conduct of any user.

Compliance with the Digital Millennium Copyright Act

In compliance with the Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), Radio Flyer will respond to proper notifications of claimed copyright infringement with respect to User Content, and will take appropriate action including expediently removing and disabling access to the allegedly infringing User Content. Radio Flyer also has a policy of terminating, in appropriate circumstances, the accounts of registered users on this Site who are determined to be repeat infringers.

Designated Agent: In compliance with the DMCA, the following is Radio Flyer’s Designated Agent to receive notifications of claimed copyright infringement by User Content on this Website:

Notice of Claimed Copyright Infringement: If you believe that your copyright has been infringed or violated by any User Content found on this Website, please notify the Designated Agent listed above in writing and provide the following requisite information:

(i)

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)

identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;

(iii)

identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(iv)

information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

(v)

a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)

a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against User Content submitted by you on this Site, you may make a counter-notification with the Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:

(i)

your physical or electronic signature;

(ii)

identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(iii)

a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

(iv)

your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of New York, USA, if you reside outside of the United States), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If Radio Flyer receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA. Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.

Sweepstakes, Contests, etc.

Radio Flyer may from time to time conduct sweepstakes, contests, games and other prize promotions on this Website. Participation in such sweepstakes, contests, games and other prize promotions will be subject to Radio Flyer’s published official rules.

Links to Third-Party Websites

This Website may contain links to other websites (the "Linked Sites"), which are not owned or operated by Radio Flyer. Radio Flyer has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms and conditions and privacy policies of those sites.

Linking to This Website

You may link to this Website, but subject to the following conditions:

Your link must be a text-only link;

You do not frame or otherwise create a browser or border environment around any page of this Website or any Radio Flyer Content;

You do not deep-link to any Radio Flyer Content or any internal page of this Website;

You do not link to any live stream or live streaming event on this Website (except with our express prior written consent);

You do not use any Radio Flyer logo or design mark in or as your link;

You do not link to this Website from any pornographic or sexually oriented website;

You do not misrepresent or falsely suggest that your website, content, product or service is sponsored, endorsed or approved by, or is affiliated or associated with, Radio Flyer;

You do not publish false, misleading or inaccurate information about, or otherwise disparage, Radio Flyer or any Radio Flyer Content;

Radio Flyer is under no obligation to support your link.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY OTHERWISE SPECIFIED BY RADIO FLYER AND EXCEPT WHERE PROHIBITED BY APPLICABLE LAW:

(i)

RADIO FLYER MAKES NO WARRANTY OR REPRESENTATION REGARDING THIS SITE OR ANY IDEAL CONTENT.

(ii)

THIS WEBSITE AND ALL RADIO FLYER CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

(iii)

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RADIO FLYER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT, WITH RESPECT TO THIS WEBSITE AND ALL RADIO FLYER CONTENT.

(iv)

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, RADIO FLYER DOES NOT WARRANT THAT THIS WEBSITE AND ALL RADIO FLYER CONTENT WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED; OR THAT THIS WEBSITE AND ALL RADIO FLYER CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU USE THIS WEBSITE AND ALL RADIO FLYER CONTENT ENTIRELY AT YOUR OWN RISK.

SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.

Limitation of Liability

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL RADIO FLYER AND ITS SUCCESSORS AND ASSIGNS BE LIABLE TO YOU UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) ARISING OUT OF OR RELATING TO THIS WEBSITE OR ANY RADIO FLYER CONTENT OR ANY USER CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

User Indemnity

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS RADIO FLYER AND ITS SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES, FOR AND FROM ANY AND ALL CLAIMS, ACTIONS, CAUSES OF ACTION, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND LEGAL COSTS) ARISING OUT OF OR RELATING TO: (I) YOUR USE OF, YOUR INABILITY TO USE, OR YOUR RELIANCE UPON, THIS WEBSITE OR ANY RADIO FLYER CONTENT OR ANY USER CONTENT; (II) ANY USER CONTENT SUBMITTED BY YOU; (III) YOUR VIOLATION OF ANY OF THESE TERMS OF SERVICE OR ANY APPLICABLE LAW; AND/OR (IV) ANY INTERACTION, DEALING OR DISPUTE BETWEEN YOU AND ANY THIRD PARTY.

RADIO FLYER AND ITS SUCCESSORS AND ASSIGNS RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU SHALL FULLY COOPERATE WITH RADIO FLYER AND ITS SUCCESSORS AND ASSIGNS IN ASSERTING ANY AVAILABLE DEFENSES.

International Use

Radio Flyer operates and provides this Website in and from the United States of America. Radio Flyer does not represent or warrant that this Website or any Radio Flyer Content is appropriate or available for use in locations outside the United States of America. If you access this Website from a jurisdiction outside the United States of America, you acknowledge and agree that you do so of your own initiative and that you are solely responsible for complying with local laws applicable to your use of this Website.

Governing Law

These Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois, U.S.A. (without regard to the conflict of laws provisions thereof). You and Radio Flyer agree that the United Nations Convention on Contracts for the International Sale of Goods shall NOT apply to these Terms of Service or any purchase you make on this Website.

Arbitration Agreement

Any dispute or claim relating to your use of the Website, including any purchase you make on this Website, will be resolved by binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify and (ii) Radio Flyer and/or its licensors may bring actions in court to enforce their respective intellectual property rights. The United States Federal Arbitration Act and federal arbitration law apply to these Terms of Service.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of these Terms of Service as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim, to:

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. We will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

YOU AND RADIO FLYER EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND RADIO FLYER EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Severability

If any provision contained in these Terms of Service is held by any court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed modified in such manner as to render such provision valid, legal, and enforceable to the fullest extent permitted by law in such jurisdiction, and the remaining provisions contained in these Terms of Service shall not be affected and shall remain in full force and effect.

No Waiver

A failure by Radio Flyer to exercise or enforce any right or provision under these Terms of Service will not constitute a waiver of the right or provision. Any waiver of any provision under these Terms of Service will only be effective if it is in writing and signed by Radio Flyer.